Scott J. Marcinkow*

*Scott Marcinkow Law Corporation

Partner

He/Him

Scott is known among clients and colleagues alike as knowledgeable, approachable, and meticulous.

Biography

Scott maintains a busy and complex practice focused on professional regulation, health, and workplace law.

In his workplace practice, Scott works with employers and employees on a wide variety of workplace issues, including:

  • Terminations
  • Workplace investigations
  • Providing strategic advice regarding difficult workplace topics such as sexual harassment, sexual assault, and accommodation of mental and physical disabilities
  • Providing strategic advice and representing clients in disputes regarding non-solicitation and non-compete matters
  • Representing employers and employees in litigation, including in the BC Supreme Court, the Employment Standards Branch, and WorkSafeBC
  • Drafting and enforcing employment contracts, workplace policies, etc.

Scott is one of our in-house authorities on human rights law and has successfully represented clients before the British Columbia Human Rights Tribunal. These cases include allegations of sexual assault and sexual harassment in the workplace and in healthcare settings.

Scott also assists physicians, pharmacists, naturopathic doctors, physiotherapists, massage therapists, occupational therapists, psychologists, social workers, dentists, chiropractors, traditional Chinese medicine practitioners and other health professionals in both civil and regulatory matters. The regulatory matters include College complaints, College investigations, MSC billing audits, PharmaCare audits, private insurer audits (e.g. Pacific Blue Cross, Canada Life, ClaimSecure, Sun Life, etc.), and criminal investigations. The civil matters include defending professionals against allegations of sexual assault, sexual battery, and sexual harassment.

Scott’s experience in the professional regulation and workplace environments uniquely positions him to assist health professionals navigate the complexities of the workplace setting in a professionally regulated framework.

Scott joined the firm in 2008 after completing his articles with Harper Grey. During law school, Scott completed a semester at The University of Leiden, Netherlands and won the prize for the highest mark in his Insurance Law class. Originally from Burnaby, BC, Scott completed his undergraduate degree in criminology at Simon Fraser University.

Assistance Team
Legal Administrative Assistant

Catharine Cichecki

Legal Administrative Assistant

[email protected] Contact by email
Expertise
Education
  • University of British Columbia, LL.B., 2007

  • Simon Fraser University, B.A., 2004

Bar Admission
  • British Columbia, 2008
Languages spoken
  • English
Professional Credentials
Leadership
  • Administrative Justice: A Practitioner’s Guide, published by LexisNexis® Canada, Contributing Author (2016)
  • Harper Grey Administrative Law Observer Newsletter, Contributing Author (2008 – current)
  • Harper Grey Associates Committee, Chair (2017 – 2018)
  • Harper Grey Canadian Administrative Law Blog, Contributing Author (2008 – current)
  • Harper Grey Executive Technology Team, ETT Liaison Partner (2019 – current)
  • Harper Grey Mentoring Program, Mentor
  • Harper Grey Respectful Workplace Committee, Member
  • Harper Grey Workplace Law Group, Chair (2016 – current)
  • Harper Grey Workplace Law Strategies Blog, Contributing Author
  • LexisNexis® Harper Grey Administrative Law Netletter™, Contributing Author (2008 – current)
Memberships
  • Canadian Bar Association, Member
  • CPHR BC & Yukon (formerly HRMA), Member
  • The Law Society of British Columbia, Member

Recognition

Recognized as a “Future Star” in British Columbia by Benchmark Canada®

2020, 2022-2023

Recognized as a “Leading Lawyer” in the area of Health Care Law by Best Lawyers® Canada

2022-2024

Get in touch with

Scott J. Marcinkow*

The Latest

Ontario Court, in Dufault case, strikes down termination without cause section for using the phrases “sole discretion” and “at any time”
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Harper Grey Hosts Ask Us Anything Employer Webinar: New Year Refresher – An Employer’s Duty to Accommodate
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Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change
Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change Utilities Commission breached its duty of procedural fairness when making a significant policy change without adequate notice of that potential change
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so
No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so No breach of procedural fairness where a lawyer had an opportunity to provide submissions on costs, but did not do so
Harper Grey Hosts Ask Us Anything Employer Webinar: Workplace Law Update – Precedent Setting Cases in 2023
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Scott Marcinkow recognized as Lexology Legal Influencer
Scott Marcinkow recognized as Lexology Legal Influencer Scott Marcinkow recognized as Lexology Legal Influencer
Employee failed to mitigate by moving to another town
Employee failed to mitigate by moving to another town Employee failed to mitigate by moving to another town
Termination limited to ESA minimum, plus bonus amount  
Termination limited to ESA minimum, plus bonus amount   Termination limited to ESA minimum, plus bonus amount  
The Respondent, a pharmacist, had his license cancelled by the Appellant College of Pharmacists. The pharmacist successfully appealed this decision to a judge of the Manitoba Court of Queen’s Bench. The College was unsuccessful in appealing the judge’s decision to the Manitoba Court of Appeal
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The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service
The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service The applicant/appellant physician, Dr. Fialkov, was unsuccessful in seeking judicial review of a decision made by the Health Services Appeal and Review Board (HPARB). The HPARB dismissed Dr. Fialkov’s appeal from a decision of the Ministry of Health. The Ministry had decided that Dr. Fialkov improperly charged a patient for an insured service
Termination for cause due to breach of fiduciary and other implied employment duties
Termination for cause due to breach of fiduciary and other implied employment duties Termination for cause due to breach of fiduciary and other implied employment duties
BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay
BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay BC Supreme Court tentatively approves certification of class action against employer for unpaid vacation pay
Harper Grey Hosts Ask Us Anything Employer Webinar: Employee vs. Contractor – Why this distinction matters
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Employer punished with $150,000 in aggravated and punitive damages for termination
Employer punished with $150,000 in aggravated and punitive damages for termination Employer punished with $150,000 in aggravated and punitive damages for termination
Harper Grey receives 72 rankings from Best Lawyers Canada 2024
Harper Grey receives 72 rankings from Best Lawyers Canada 2024
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